Law Offices of
Kirsten B. Ennis, LLC

New Jersey Consumer Law Attorneys

Providing Options and Answers Since 1997

Description: new jersey bankruptcy lawyer 

 

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Office: 908-713-0345
Toll Free: 877-226-5877

 

 


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Main Office:
92 East Main Street
Suite 407
Somerville, NJ 08876






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Options and Answers

Right now everyone is facing financial challenges never before imagined. Unemployment, reduced income, illness, increased credit card payments and the declining values of homes are just a few reasons why so many people are having difficulty making ends meet.

Since 1997 we have been helping people with financial troubles.

Litigation of Legal Defenses, Negotiated Settlement, Mortgage Modification, Foreclosure Mediation and Bankruptcy Protection are just some of the options that can STOP LAWSUITS, STOP FORECLOSURE, STOP COLLECTION CALLS and get a fresh start.

We are candid in the analysis of our clients’ situation and we take the time to explain all of the legal options available so you can make the right decisions and have a plan.

Mortgage Foreclosure Solutions

There are many options available if your home is in foreclosure. However, waiting and doing nothing can be severely detrimental to your rights. The first step is completing a forensic audit of the closing loan documents and determining the legal defenses. We provide all of the options: Filing an Answer, Judicial Mediation, Forbearance Agreements, Loan Modification, Deed-in-Lieu and Short Sales. For more information go to our New Jersey Foreclosure page or Mortgage Modifications page.

Bankruptcy Protection Solutions

Simple Seven - Chapter 7

Chapter 7, otherwise known as liquidation, is probably the simplest and quickest bankruptcy option. It is available to individuals, married couples, corporations and partnerships. Although referred to as a liquidation, a Chapter 7 bankruptcy rarely results in the liquidation of any property for consumer bankruptcies in New Jersey. The Bankruptcy Code offers exemptions which allow you to keep certain property despite the claims of your creditors. Your property is valued on the day you file for bankruptcy at “garage sale” values, not what it cost to buy it new. Most Chapter 7 cases are "no-asset", which simply means that you do not have any non-exempt property for the trustee to sell. The Exemptions are very generous and most people that file for a Chapter 7 bankruptcy keep everything they own. Please call for a free consultation so we can discuss your options. If you have property that might be at risk, we can make a determination of the right course of action to protect all your assets and get you out of debt once and for all.

Repayment Plan - Chapter 13

Chapter 13 Bankruptcy can allow a debtor to protect all of their assets from creditors and establish a workable repayment plan. If you are an individual with regular monthly income, you can file a Chapter 13 bankruptcy to pay off all or part of your debts over 3 - 5 years. The amount you pay back is determined by what you can afford. Instead of wiping out debts immediately, this option allows you to reorganize them so you have time to pay.

Many people who file a Chapter 13 Bankruptcy do so to cure or catch up on missed mortgage payments. Filing a Chapter 13 stops all law suits and stops a foreclosure.

For a Chapter 13 bankruptcy, you will need a stable income with disposable income (income left over after paying regular living expenses). The limitations to qualify are that you cannot have more than $1,010,650 in secured debt and $336,900 in unsecured debt.

The filing of the Chapter 13 petition must be accompanied by a proposed re-payment plan extending over 3 - 5 years. The proposed payment plan must provide for the payment of all priority claims (taxes) in full.

The Bankruptcy Trustee and Creditors have the right to object to the plan if it is unreasonable. If the plan is approved and Confirmed by the Court, then the terms of your Plan are binding on the creditors. After you complete all of the monthly payments to the bankruptcy trustee, who distributes the funds to the creditors according to the plan, then you get a discharge of all debts that you did not pay.

Business Reorganization - Chapter 11

Chapter 11 bankruptcy is often the option used by financially struggling businesses in order to reorganize their affairs. Most companies file under Chapter 11 rather than Chapter 7 as it allows the company to continue operations.

A business can present a Plan to restructure loans and reduce debts to become profitable again. The owners and management continue running the daily operations under the oversight of the US Trustees Office.

Individuals that do not qualify for Chapter 13 can also make use of Chapter 11's benefits and features when necessary.

Contact to us Now to Schedule a Free Consultation: 1-877-226-5877